(Per : HONOURABLE MR.JUSTICE N.V. ANJARIA) Rule.
Learned A.P.P. waives service.
The applicant, who is undergoing sentence, has by way of present application, prayed for temporary bail on the ground of attending marriage ceremony of his brother. It is stated by the applicant in his letter dated 09.01.2012 that marriage of his cousin brother is fixed on 27.01.2012 in which his presence and participation was required as an elder member in the family. It was stated that he has also to discharge certain responsibilities in relation to the occasion. Copy of marriage invitation card is produced in support.
We have considered the jail record of the applicant. He has been spent nearly nine years in the jail. It is further seen that whenever released temporarily in past, the applicant has record of returning back in time.
In the facts and circumstances and considering the reasons given, we permit the applicant to be on temporary bail for period of ten days from the date of his actual release, so as to enable him to attend the marriage in question fixed on 27.01.2012, and order his release for the said period, but his release shall be on the following conditions:
The applicant shall furnish personal bond for the sum of Rs.5,000/- (Rupees Five Thousand only) before the jail authorities.
The applicant shall surrender himself before the jail authority immediately on expiry of temporary bail period.
The applicant shall not abuse the liberty in any manner and shall maintain law and order during this period.
Rule is made absolute accordingly.
[D.H.
WAGHELA, J.] [N.V.
ANJARIA, J.] Amit Top